Growing levels of corruption have been one of the most dramatic manifestations of the Brazilian crisis. Setting minor and mid-sized cases aside for the moment, the country has experienced two gigantic corruption scandals, the ‘mensalão’ (‘big monthly payment’) case that began to be investigated in 2005, followed by the ‘lava jato’ (‘Car wash’) scandal that began formal investigation in 2014. The net effect is that for no fewer than 13 years (2005-2018) Brazilians have been hearing about corruption in the government and the political establishment on a constant, relentless, and daily basis through the media. This helps explain public anger and the perception that this problem has been completely out of control.
As mentioned, the mensalão scandal began in 2005 during the first of Lula da Silva’s two consecutive presidential terms (2003-2011). The central allegation was that members of congress were being paid the equivalent of US$12,000 a month to vote in favour of the government on key bills. The money was reportedly being siphoned off from state-owned companies and was being paid to members of various different political parties. The court investigation into the case took seven years and went up to the supreme court. Among those convicted was José Dirceu, Lula’s former chief-of-staff.
The lava jato case evolved from a relatively small-scale investigation into alleged money-laundering dating back to 2008. The name was adopted because some of the initial suspects were said to be using a chain of petrol stations (with jet washes) to handle and exchange illicit funds. Over time the investigation expanded, revealing a much larger and wider-ranging network of corrupt practices. In March 2014 Federal Judge Sérgio Moro, based in Curitiba, took command of the case. Moro gained a reputation for rigorous investigation; later, in 2018, he went on to accept Bolsonaro’s offer to become justice minister in the new government.
At the core of the case is the allegation that over a dozen large Brazilian construction companies paid multi-million-dollar bribes to secure contracts with state-owned oil company Petrobras. The bribes – totalling around 3% of contract values – were skimmed off the top and shared out between the executives concerned, and the political parties and individual politicians who had a say in appointing those executives in the first place. Payments were often channelled through shell companies and banks overseas, including some based in Panama and Switzerland. While largely used to favour pro-government parties and politicians, some payments were also made to opposition politicians, leading to the growing conviction that much of Brazil’s political establishment had been, and remained, deeply complicit with corrupt practices over a number of years.
The lava jato investigation in turn led to the uncovering of related cases which incriminated top political and corporate leaders. Odebrecht, previously regarded as one of Brazil’s top, blue-chip civil engineering companies, admitted in December 2016 that it had paid US$788m in bribes to win contracts in Brazil and 11 other countries. Chief executive Marcelo Odebrecht was given a 19-year prison sentence. JBS SA, Brazil’s and the world’s largest meat processing company, was found to have also paid large-scale bribes to health safety inspectors and to politicians. One of its owners, Joesely Batista, admitted to paying US$123m in bribes to three Brazilian presidents (they all denied receiving any illicit payments).
A key conclusion is that Brazil did not suffer a random clustering of big corruption cases that just happened to come along at roughly the same time. On the contrary, the details of these cases suggest that corruption has become somehow embedded in the country’s business and political model. The details of the Odebrecht bribery system are key. The company had developed a way of illicitly funding Brazilian party-political election campaigns. It would then ‘call in the favour’ from victorious candidates who, once in office, were expected to use their influence to ensure Odebrecht got its share of big public-sector construction contracts. Other construction companies also joined in with a cartel deciding who should ‘win’ which contract.
This basic corruption model was then ‘internationalised’. Two key figures in this process were a husband and wife team of political consultants, João Santana and Mónica Moura. Santana made his name running the successful 2006 re-election campaign in Brazil for former president Lula. He and Moura also managed the equally successful campaigns in 2010 and 2014 for Dilma Rousseff (2011-2016), Lula’s successor and fellow member of the left-wing Partido dos Trabalhadores (PT). Santana and Moura, who were arrested in 2016 on corruption charges – and were subsequently released after entering plea bargaining deals – testified in court that in 2009, Lula had asked them to manage the (ultimately successful) campaign of Mauricio Funes, the left-wing presidential candidate in El Salvador. This was the first of seven Odebrecht-financed presidential campaigns they worked on across Latin America and Angola. While Santana concentrated on advising the candidates on campaign tactics, Moura handled the money, using a front company and Swiss bank accounts. Information extracted from Odebrecht suggests that this international bribery paid a handsome rate of return. From 2006-2016, the company admitted making US$439m worth of illicit payments in 11 countries outside of Brazil. By its calculations, those payments brought in contracts on which the company made an accumulated profit of US$1.4bn – in effect more than tripling its initial outlay.
One of the key questions for the next ten years is whether Brazil can significantly reduce the role of corruption in public life. Apart from anything else, corruption is one of the chief enemies of economic efficiency and sustainable development. It has a deeply corrosive effect and undermines the integrity of policy decisions in many areas. A 2010 study by FIESP (the federation of industries of São Paulo state) suggested the real cost of corruption in the country could be somewhere between 1.4% and 2.3% of GDP. Other later estimates have been higher.
In recent years there has been some progress through anti-corruption reforms. Corporate contributions to party political campaigns are now forbidden (although there is evidence that they still happen through indirect routes). The judiciary has been able to secure resources to carry out investigations, has successfully retained a degree of political independence, and has developed new techniques, including the effective use of plea-bargaining. On the other hand, conviction rates remain relatively low and the legal system continues to be bureaucratic and slow-moving. Officials in key ministries and members of congress enjoy what is know as a ‘foro privilegiado’ – a form of partial immunity, meaning that for crimes of corruption, they can only be tried by the supreme court. With a backlog of cases stretching to years, this means that they are relatively protected.
The essential problem for the future is that Brazil needs to develop a business and political model that does not vitally depend on corruption. At present (as will be further explained in the next section) corruption tends to be the ‘glue’ that holds together multi-party political coalitions and enables presidents to get bills through a deeply fragmented legislature. A better system that does not depend on illicit payments to make things work, is needed.
It is also worth noting that a party-political approach to combating corruption is unlikely to succeed. There is a temptation, along with real evidence, to assert that corruption flourished under left-wing PT governments; remove those governments, some argue, and the problem will be solved. The narrative of incoming President Bolsonaro and his supporters is indeed that by imposing a major electoral defeat on the PT they have dealt a blow to the heart of corruption in Brazil. But despite that, all the evidence suggests that corruption is an issue that runs right across the political spectrum. Bribes have been paid to almost all parties, with up to 30% of the members of the outgoing congress facing some kind of allegation of impropriety.
The outgoing centre-right government of President Michel Temer faced multiple allegations of corruption. While it is true that Bolsonaro and his small Partido Social Liberal (PSL) have faced no significant corruption allegations and can therefore claim to be unusually clean, this may reflect the fact that for many years they have been on the margin of mainstream politics. As they become mainstream, accusations are likely to emerge: indeed, during the election campaign the PSL was accused of receiving undisclosed corporate help for its social media campaign, and future economy minister Paulo Guedes has been accused of insider trading. Ultimately, meaningful anti-corruption policies will require cross-party support.